Q86.
Consider the following statements : With reference to the Constitution of India, if an area in a State in declared as Scheduled Area under the Fifth Schedule I. the State Government loses its executive power in such areas and a local body assumes total administration II. the Union Government can take over the total administration of such areas under certain circumstances on the recommendations of the Governor Which of the statements given above is/are correct?
Answer
D
Explanation
The State Government loses its executive power in areas and a local body assumes total 2 of the Fifth Schedule affirms that the executive power extends to Scheduled Areas. the Governor has special powers—such as laws (Paragraph 5) and establishing a Tribes Council (Paragraph 4)—these do not nullify the authority. Even under PESA, which empowers Sabhas and local bodies, the State continues to its executive functions within the framework of Fifth Schedule. Hence statement I is not correct. The Union Government can take over the total of such areas under certain on the recommendations of the 3 of the Fifth Schedule allows the Union to directions to the State regarding the of Scheduled Areas but does not permit to take over total administration. Such a takeover require invocation of Article 356 (President’s which is a separate constitutional mechanism and a provision under the Fifth Schedule. Hence II is not correct.